The book is the result of a recent but intensive cooperation between the faculties of law of the universities of Ljubljana and Johannesburg. As is often the case in life, the starting point of this project was a friendship. A friendship between two law professors who, at the same point in time, became deans of their respective law schools – Prof Letlhokwa Mpedi (now Deputy Vice-Chancellor: Academic (UJ)) in Johannesburg and Prof Grega Strban in Ljubljana. They decided to connect their institutions in a formal way by establishing a cooperation that would outlive their mandates as deans and provide a professional platform for legal scholars of both universities to get first-hand insight into a very different legal system, thus widening their legal horizons and inspiring a different view and new solutions for their own national law. This noble endeavour has so far been a great success. What might have seemed an unlikely alliance proved to be an extremely valuable and inspiring experience both on a professional and personal level.
The idea of this book was born after a joint conference held in Johannesburg in 2019. Here, experts from both institutions presented current relevant issues in different legal areas and discussed how both countries dealt with them. After insightful debates, it was decided that they should, on the one hand, be written down, and, on the other hand, that the written texts should not only reflect those debates but should broaden and deepen the research. It should not merely be a collection of conference papers, but a true scientific monograph, destined to legal scholars and practitioners, researching, teaching and practicing in national and international environments.
Jerca Kramberger Škerl, Associate Professor, Faculty of Law, University of Ljubljana
Elmarie Susan Fourie, Associate Professor, Faculty of Law, University of Johannesburg
Author(s): Elmarie Fourie, Jerca Kramberger Škerl
Publisher: African Sun Media
Year: 2022
Language: English
Pages: 285
City: Stellenbosch
Table of Contents
Introduction
PART 1: Courts, Adjudicationand Public Officials
1: The Uneasy Relation Between the Constitutional Court and the Supreme Court in Slovenia
2: The Relation Between the Constitutional Court and the Supreme Court of Appeal in South Africa
3: The Relationship between Constitutional and Administrative Judiciaries and Adjudication in the Slovenian and South African Legal Orders
4: “Loyalty is Tantamount” – Fidelity to Law and Public Servants in Slovenia and South Africa
PART 2: Specific Legal Questions: Theme 1: Criminal Law and Prosecution
5A: Regulation of Liability for Graver Consequences and IMSI Catcher in Slovenian Criminal Law
5B: A South African Response
6: The Quest for Efficient Enforcement and the Blurring of Lines Between Criminal and Administrative Law: European Union (EU) and South African Perspectives
7: When Prosecutors Become Liable (in Delict) for Omissions Resulting inHarm/Damages – The Effect of Nohour and Another v Minister of Justice and Constitutional Development
PART 2: Specific Legal Questions: Theme 2: Healthcare
8: Safety Measures of Medical Character in Slovenian (Criminal) Law
9: The Right to Healthcare: Slovenian, South African and Cross-border Perspectives
PART 2: Specific Legal Questions: Theme 3: Private International Law
10: Recognition and Enforcement of Slovenian Judgments in South Africa – Contractual Claims and Supranational or International Jurisdiction
11: The Recognition and Enforcement of Foreign Judgments: Slovenian Perspective
PART 2: Specific Legal Questions: Theme 4: Contracts
12: Restitution after Failed Contracts
13: Contractual Relations of Public Law Entities in the Slovenian and South African Legal Orders